Mealey's IP/Tech - 7th Circuit: Trademark Claim Based On Batman Film Software Is Implausible

CHICAGO - Upholding a trial court's dismissal of a software firm's trademark claims based on the use of a similarly named fictitious program within a Batman motion picture, a Seventh Circuit U.S. Court of Appeals panel on Aug. 14 deemed the claims to be implausible and without any evidence of likelihood of confusion (Fortres Grand Corp. v. Warner Bros. Entertainment Inc., No. 13-2337, 7th Cir.; 2014 U.S. App. LEXIS 15609).

Mealey's Litigation Procedure - Adult Entertainment Firm Sanctioned For Not Disclosing Agreement With Investigator

CHICAGO - An adult entertainment company's failure to provide details of its payment agreement with an investigations firm, which identified a John Doe defendant as an alleged infringer, was not inadvertent, an Illinois federal magistrate held Aug. 12, granting the Doe's motion for sanctions for failure to comply with the court's discovery order (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.).

Mealey's IP/Tech - Adult Entertainment Firm Sanctioned For Not Disclosing Agreement With Investigator

CHICAGO - An adult entertainment company's failure to provide details of its payment agreement with an investigations firm, which identified a John Doe defendant as an alleged infringer, was not inadvertent, an Illinois federal magistrate held Aug. 12, granting the Doe's motion for sanctions for failure to comply with the court's discovery order (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.).

Mealey's IP/Tech - Minnesota Appeals Court Upholds Sanctions Against Firm In Downloading Suit

ST. PAUL, Minn. - In light of evidence that a law firm and the adult entertainment firm that it purports to represent initiated a lawsuit and sought discovery related to Doe downloading defendants in bad faith, a Minnesota Court of Appeals panel on Aug. 4 upheld sanctions against them in the form of attorney fees (Guava LLC, et al. v. Spencer Merkel, et al., No. A13-2064, Minn. App.; 2014 Minn. App. Unpub. LEXIS 829).

Mealey's Litigation Procedure - Minnesota Appeals Court Upholds Sanctions Against Firm In Downloading Suit

ST. PAUL, Minn. - In light of evidence that a law firm and the adult entertainment firm that it purports to represent initiated a lawsuit and sought discovery related to Doe downloading defendants in bad faith, a Minnesota Court of Appeals panel on Aug. 4 upheld sanctions against them in the form of attorney fees (Guava LLC, et al. v. Spencer Merkel, et al., No. A13-2064, Minn. App.; 2014 Minn. App. Unpub. LEXIS 829).

Mealey's Labor & Employment - California Federal Judge Refuses To Remand Chuck E. Cheese Wage Suit

SAN FRANCISCO - A California federal judge on July 10 ruled that the Class Action Fairness Act (CAFA) $5 million amount-in-controversy requirement was met and denied a motion requesting that he remand a wage-and-hour class complaint filed by employees of a family restaurant and fun center chain (Franchesca Ford, et al. v. CEC Entertainment, Inc., et al., No. 14-1420, N.D. Calif.; 2014 U.S. Dist. LEXIS 94059).

Mealey's Litigation Procedure - California Federal Judge Refuses To Remand Chuck E. Cheese Wage Suit

SAN FRANCISCO - A California federal judge on July 10 ruled that the Class Action Fairness Act (CAFA) $5 million amount-in-controversy requirement was met and denied a motion requesting that he remand a wage-and-hour class complaint filed by employees of a family restaurant and fun center chain (Franchesca Ford, et al. v. CEC Entertainment, Inc., et al., No. 14-1420, N.D. Calif.; 2014 U.S. Dist. LEXIS 94059).

Mealey's Litigation Procedure - Adult Film Firm Sees Motion To Seal Mostly Denied In BitTorrent File-Sharing Case

CHICAGO - An Illinois federal judge on June 4 found that an adult entertainment firm chose "to air its laundry for strategic reason" in a motion for a protective order in a copyright infringement case against an alleged file sharer, leading the judge to mostly deny the firm's motion to seal in favor of "the public's presumptive right of access" to court records (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.; 2014 U.S. Dist. LEXIS 75718).

Mealey's IP/Tech - Adult Film Firm Sees Motion To Seal Mostly Denied In BitTorrent File-Sharing Case

CHICAGO - An Illinois federal judge on June 4 found that an adult entertainment firm chose "to air its laundry for strategic reason" in a motion for a protective order in a copyright infringement case against an alleged file sharer, leading the judge to mostly deny the firm's motion to seal in favor of "the public's presumptive right of access" to court records (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.; 2014 U.S. Dist. LEXIS 75718).

Mealey's Bankruptcy - 'Girls Gone Wild' Trustee: Founder, Affiliate Should Be Held In Contempt

LOS ANGELES - The trustee in the Chapter 11 bankruptcy of GGW Brands LLC, which makes adult entertainment videos carrying the name "Girls Gone Wild," on June 2 filed a brief in the U.S. Bankruptcy Court for the Central District of California contending that the Bankruptcy Court should hold in contempt GGW, one of its affiliated companies and GGW's founder Joseph Francis (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

Mealey's Bankruptcy - Bankrupt 'Penthouse' Says Creditor Cannot Compel It To Provide Financial Reserve

WILMINGTON, Del. - The adult entertainment company that produces material carrying the name "Penthouse" on June 2 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to a motion by its former financial advisor that seeks to compel the debtor to provide a financial reserve to cover the advisor's claims valued at $3,430,900 (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

Mealey's Bankruptcy - Judge Denies 'Girls Gone Wild' Affiliate's Motion For Protection From Asset Sale

LOS ANGELES - The federal bankruptcy judge in the U.S. Bankruptcy Court for the Central District of California presiding over the Chapter 11 proceeding of GGW Brands LLC, the adult entertainment company that makes products carrying the name "Girls Gone Wild," on May 29 denied a motion by one of GGW's affiliates that sought protection of its property interests, trademarks and intellectual property that are being sold in GGW's asset sale (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

Mealey's Litigation Procedure - Illinois Appeals Panel: Adult Entertainment Firm May Not Obtain Does' Identities

MT. VERNON, Ill. - An adult entertainment company did not establish that it was entitled to conduct presuit discovery of Doe defendants that allegedly committed computer fraud by using stolen passwords, an Illinois appeals panel found May 20, reversing a trial court's grant of the firm's discovery motion (Guava LLC v. Comcast Cable Communications LLC, et al., No. 5-13-0091, Ill. App., 5th Dist.; 2014 Ill. App. LEXIS 340).

Mealey's IP/Tech - Illinois Appeals Panel: Adult Entertainment Firm May Not Obtain Does' Identities

MT. VERNON, Ill. - An adult entertainment company did not establish that it was entitled to conduct presuit discovery of Doe defendants that allegedly committed computer fraud by using stolen passwords, an Illinois appeals panel found May 20, reversing a trial court's grant of the firm's discovery motion (Guava LLC v. Comcast Cable Communications LLC, et al., No. 5-13-0091, Ill. App., 5th Dist.; 2014 Ill. App. LEXIS 340).

Mealey's Bankruptcy - Judge Orders Asset Sale In 'Girls Gone Wild' Bankruptcy Case

LOS ANGELES - The federal bankruptcy judge in the U.S. Bankruptcy Court for the Central District of California presiding over the Chapter 11 bankruptcy of GGW Brands LLC, the adult entertainment company that makes products carrying the name "Girls Gone Wild," on April 23 issued an order approving the sale of GGW's assets free and clear of all liens and encumbrances (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

Mealey's IP/Tech - Karaoke Trademark Dispute Survives Motion To Dismiss

CHICAGO - Allegations that the operator of Chicago's Mecca Supper Club infringed the "Sound Choice" trademark will proceed in Illinois federal court, according to an April 21 ruling (Slep-Tone Entertainment Corp. v. Elwood Enterprises Inc., No. 13-7346, N.D. Ill.).

Mealey's PI/Product Liability - 3rd Circuit Overturns Decision For Defendant In Premises Liability Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 15 revived a woman's personal injury claims brought against a movie theater, concluding that there was enough evidence regarding the defendant's actual notice of a dangerous condition in its bathroom to allow the case to proceed (Eileen Sheil v. Regal Entertainment Group, No. 13-2626, 3rd Cir.; 2014 U.S. App. LEXIS 6980).

Mealey's IP/Tech - Guccione Collection Reaches Deal With 'Penthouse' Entity Dismissing Claims

WILMINGTON, Del. - The Guccione Collection (TGC) LLC and Friend Finder Networks (FFN) Inc. on April 8 agreed to dismiss the adversary proceeding filed by TGC in the Chapter 11 bankruptcy of PMGI Holdings Inc., the parent company for adult entertainment empire carrying the name "Penthouse," in which TGC had sought declaratory relief and unspecified damages related to intellectual property. The one-paragraph stipulation filed in the U.S. Bankruptcy Court for the District of Delaware provided no information on the agreement the parties reached (The Guccione Collection LLC v. Friend Finder Networks Inc. [In Re: PMGI Holdings Inc.], No. 13-12404, Chapter 11, D. Del. Bkcy.).

Mealey's Bankruptcy - Guccione Collection Reaches Deal With 'Penthouse' Entity Dismissing Claims

WILMINGTON, Del. - The Guccione Collection (TGC) LLC and Friend Finder Networks (FFN) Inc. on April 8 agreed to dismiss the adversary proceeding filed by TGC in the Chapter 11 bankruptcy of PMGI Holdings Inc., the parent company for adult entertainment empire carrying the name "Penthouse," in which TGC had sought declaratory relief and unspecified damages related to intellectual property. The one-paragraph stipulation filed in the U.S. Bankruptcy Court for the District of Delaware provided no information on the agreement the parties reached (The Guccione Collection LLC v. Friend Finder Networks Inc. [In Re: PMGI Holdings Inc.], No. 13-12404, Chapter 11, D. Del. Bkcy.).

Mealey's IP/Tech - Federal Circuit Affirms: Amazon.com Does Not Infringe Patents

WASHINGTON, D.C. - A Delaware federal judge properly construed certain claim terms in a dispute over two on demand entertainment viewing patents, the Federal Circuit U.S. Court of Appeals ruled April 8 (United Video Properties Inc., et al. v. Amazon.com Inc., et al., No. 13-1396, Fed. Cir.).

Mealey's Bankruptcy - Liquidation Plan Reduces Philadelphia Casino's Tax Debt By More Than $5.93M

PHILADELPHIA - Bankrupt casino operator Philadelphia Entertainment and Development Partners LP (PEDP) on April 2 filed a disclosure statement for a Chapter 11 plan of liquidation in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania that would reduce the amount of real estate taxes it owes to the City of Philadelphia by $5,936,921 (In Re: Philadelphia Entertainment and Development Partners LP, No. 14-12482, Chapter 11, E.D. Pa. Bkcy.).

Mealey's Labor & Employment - Chuck E. Cheese Removes Wage Violations Class Complaint To Federal Court

SAN FRANCISCO - A family restaurant and fun center chain removed a wage-and-hour class complaint to California federal court on March 27 based on diversity jurisdiction pursuant to the Class Action Fairness Act (CAFA) (Franchesca Ford, et al. v. CEC Entertainment, Inc., et al., No. 14-1420, N.D. Calif.).

Mealey's Litigation Procedure - Chuck E. Cheese Removes Wage Violations Class Complaint To Federal Court

SAN FRANCISCO - A family restaurant and fun center chain removed a wage-and-hour class complaint to California federal court on March 27 based on diversity jurisdiction pursuant to the Class Action Fairness Act (CAFA) (Franchesca Ford, et al. v. CEC Entertainment, Inc., et al., No. 14-1420, N.D. Calif.).

Mealey's IP/Tech - Supreme Court Denies Certiorari In Dispute Over Copyright Damages

WASHINGTON, D.C. - Efforts by a composer to obtain profit damages from World Wrestling Entertainment (WWE) Inc.'s inclusion of his copyrighted work in the broadcast of a pay-per-view event were unsuccessful March 31, when the U.S. Supreme Court denied his petition for certiorari (Anthony Lawrence Dash v. Floyd Mayweather, Jr., et al., No. 13-867, U.S. Sup.).

Mealey's Bankruptcy - Judge Denies Motion To Compel 'Girls Gone Wild' To Surrender Property

LOS ANGELES - The federal bankruptcy judge presiding over the Chapter 11 case of GGW Brands LLC, the parent company for the producer of adult entertainment company that produces videos carrying the name "Girls Gone Wild," on March 24 denied the motion of one of GGW's affiliates that sought an order compelling the debtor to surrender commercial property (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).